Loudoun County responds after dad says school district tried to conceal daughter's bathroom assault

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Loudoun father claims city concealed sex assault

Scott Smith joins 'The Ingraham Angle' to discuss his claims that his daughter was sexually assaulted in girl's bathroom by boy wearing a skirt

The Loudoun County school district in Virginia issued a statement Wednesday saying it correctly followed all legal protocols, two days after a father – who was arrested during a June school board meeting – accused the district of trying to cover up an alleged bathroom sexual assault against his daughter by a skirt-wearing male student. 

"Loudoun County Public Schools is aware of the media and social media reports concerning alleged sexual assaults at two of our high school campuses," the school district said. 

"While LCPS takes student privacy seriously and cannot reveal details concerning the actions of any specific student, we do want to clarify our investigative process. Principals are legally required to report to the local law enforcement agency any act, including sexual assault, that may constitute a felony offense under Va. Code § 22.1-279.3:1. That process was followed with respect to these allegations."

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The statement comes two days after Scott Smith, who was arrested for disorderly conduct during a June 22 school board meeting, alleged that the school district tried to cover up a sexual assault by a gender-fluid individual against his ninth-grade daughter in order to further its transgender rights agenda. 

Smith told The Daily Wire on Monday that weeks before his arrest, his daughter at Stone Bridge High School in Ashburn was sexually assaulted by a boy wearing a skirt who entered the girls’ bathroom on May 28.

"We can confirm a May 28, 2021 case that involved a thorough 2-month-long investigation that was conducted to determine the facts of the case prior to arrest," the sheriff's office previously told Fox News. "This case is still pending court proceedings. The Loudoun County Sheriff’s Office is not able to provide any documents that pertain to a pending case." The sheriff's office confirmed that the case involved sexual assault. 

All juvenile records are sealed, but Smith’s attorney Elizabeth Lancaster told The Daily Wire that the boy was subsequently charged with two counts of forcible sodomy, one count of anal sodomy, and one count of forcible fellatio.

The school district said in its statement that it contacted the sheriff’s office on May 28 within "minutes of receiving the initial report."

"Once a matter has been reported to law enforcement, LCPS does not begin its investigation until law enforcement advises LCPS that it has completed the criminal investigation," the school district said. "To maintain the integrity of the criminal investigation, law enforcement requested that LCPS not interview students until their investigation is concluded. LCPS has cooperated and continues to cooperate with law enforcement."

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The statement differs dramatically from Smith’s account, who said school officials told him on May 28 that the matter would be handled in-house, and that they actually called law enforcement on him for creating a scene on campus. 

According to The Daily Wire, the school sent an email to parents later that day saying there had been an "incident in the main office" that required sheriff’s deputies to respond. The email made no mention of the alleged sexual assault and said there was "no threat to the safety of the student body."

Smith told The Daily Wire that he was arrested at the June 22 school board meeting shortly after LCPS Superintendent Scott Ziegler declared that to his knowledge, "we don’t have any record of assaults occurring in our restrooms." Smith said he then flew into a rage after a local progressive activist said she did not believe his daughter’s story.

On Aug. 11, nearly two months after Smith’s arrest, the school board voted to approve its transgender rights policy, which requires teachers to call students by the pronouns they identify with and requires bathroom renovations in order to make them more private.

Smith said he received a letter before the Aug. 11 vote informing him he was banned from the school board building.

Then on Oct. 6, the sheriff's office said a 15-year-old boy was charged with sexual battery and abduction of a fellow student at Broad Run High School in Ashburn. In an Oct. 7 press release, the sheriff's office said the suspect forced a female victim into an empty classroom where he held her against her will and inappropriately touched her. 

The Daily Wire, citing a government official, reported that the boy accused in the Broad Run case had the same name as the student who allegedly assaulted Smith's daughter. 

Elizabeth Lancaster, Smith's attorney, also told the outlet the suspect in the Oct. 6 incident was the same boy who allegedly attacked Smith’s daughter.  

Smith’s wife, Jess, said prosecutors told her the suspect’s court date had been postponed from this Thursday to Oct. 25 in order to handle both cases together. The sheriff's office declined to confirm or deny to Fox News that the same male student was suspected in both cases. 

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The school district said in its statement that it is "prohibited from disciplining any student without following the Title IX grievance process, which includes investigating complaints of sexual harassment and sexual assault."

"LCPS does impose interim measures to protect the safety of students involved in the original incident, deter retaliation, and preserve the integrity of the investigation and resolution process," it said. "LCPS has complied and continues to comply with its obligations under Title IX."

The school district added that board members were "not aware of the specific details of this incident until it was reported in media outlets earlier this week."